Item D17
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 21. 2007
Division:
Engineering
Bulk Item: Yes -X..
No
Department:
Facilities Development
Staff Contact PersonlPhone #: Jerry Barnett x4416
AGENDA ITEM WORDING: Approval to award contract to Clemons Rutherford & Associates,
Inc., (CRA) for the planning, design, and Construction Administration services for the renovations to,
or the replacement of, the Judge Jefferson B. Browne Courtroom Complex.
ITEM BACKGROUND: On March 30, 2006, Statements of Qualifications (SOQ's) from eight
ArchitecturalJEngineering firms were received for professional services associated with the renovation
of the Judge Jefferson B. Browne Courtroom Complex. On April 18, 2006, our selection committee
evaluated the SOQ's in a notified public meeting and created a short-list of three firms. On May 16,
2006, presentations were conducted by the three firms and were ranked according to evaluation criteria
listed in the Request for Qualifications. CRA was the highest of the three ranked firms.
PREVIOUS RELEVANT BOCC ACTION: On June 21,2006, the BOCC approved to negotiate a
contract with Clemons, Rutherford & Associates, Inc. for the planning, design, and Construction
Administration services for the Judge Jefferson B Browne Courtroom Complex renovation.
CONTRAC~AGREEMENTCHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: StmcturaJ Analvsis $91.000.00 BUDGETED: Yes -1L.. No
9.5% of construction cost for renovation
8.5% of construction cost for demo and construction of new building
COST TO COUNTY: Same SOURCE OF FUNDS: One-cent Infrastructure
REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year
APPROVED BY: County Atty 111 OMB/Purchasing _ Risk Management J1:l?
DOCUMENTATION:
Included
X
Not Required_
DISPosmON:
AGENDA ITEM #
Revised 11/06
'J
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: CRA Architects Contract #_
Effective Date: 02/21/07
Expiration Date:
Contract Purpose/Description:
To award a contract with Clemons Rutherford Associates for the planning, design, and
construction administration services for the renovations to or the renlacement of the
Judge Jefferson B. Browne Courtroom Complex.
Contract Manager: Ann Riger 4439 Facilities Develop/Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 02/21/07 Agenda Deadline: 02/06/07
CONTRACT COSTS
Total Dollar Value of Contract: $ TBD
Budgeted? Y es~ No 0 Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ $280,000
24000-560620-CG0603-53031O-_
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitoriaL salaries, etc.)
CONTRACT REVIEW
Date ~
Division Director Z, - t'rJ' I
Risk Mana~~ent n ~-- f 3iJ7
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o .M.B.lPurch~ing1:::..!i:. D1
County Attorney .:j) yJ(f}
Changes
Needed
YesO No
Date Out
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OMB Form Revised 2/27/01 MCP #2
MONROE COUNTY
FACILITIES DEVELOPMENT
MEMORANDUM
TO: David Koppel
County Engineer
FROM: Ann Riger, Contracts Administr. tor
Facilities Development
DATE: January 26, 2007
RE: Agenda Item - Clemons Rutherford & Associates, Ioe.
AGENDA ITEM WORDING: Approval to award contract to Clemons Rutherford &
Associates, Inc., (CRA) for the planning, design, and construction administration services for the
renovations to or the replacement of, the Jefferson B. Browne Building.
ITEM BACKGROUND: CRA ranked the best firm for professional services for the Judge
Jefferson B. Browne Courtroom Complex. Because of the current state of the building, CRA will
first perform a structural analysis of the building to determine if the County should renovate, or
demolish the existing building and re-build.
PREVIOUS RELEVANT BOCC ACTION: On June 21, 2006, the BOCC approved to
negotiate a contract with CRA for the planning, design, and construction administration services
for the Jefferson B. Browne Courthouse Annex.
CONTRACTIAGREEMENTCHANGES:N/A
STAFF RECOMMENDATIONS: Approval as stated above.
Thank you. If you have any questions, please contact me at ext. 4439.
AR
Monroe County
CAPITAL IMPROVEMENT PROJECT DETAIL SHEET
FOR FISCAL YEAR 2007 - 2011
PROJECT IDENTIFICATION PROJECT LOCATION MAP
USER DEPARTMENT: Facilities Development
PROJECT NAME: Jefferson B. Browne Complex (Courthouse Annex)
PROJECT NUMBER: CG0603
PROJECT LOCATION: Jackson Square - Key West
ACCOUNT NUMBER: 24000-56062O-CG0603
PROJECT INFORMATION
DESCRIPTION/JUSTIFICATION:
First, a structural analysis will be performed on the existing Courthouse Annex. The results from the
analysis will determine whether we demo the Annex and re-build an entire new buiding, or renovate the
existing building.
!RELATIONSHIP TO OTIIER PROJECTS
EXPENDITURE SCHEDULE (OOO'S): ACCOUNT NUMBER:
COSTS Total Prior Years FY07 FYOS FY09 FYIO FYll &; Beyond
Planning, Design, Permitting $91,000 $91,000
Land Acauisition $0
Site Work Improvements $0
Construction $0 Will be determined after structua1 analysis is verformed.
Fumishings/Equipment $0
IAdministrative Costs $8,489 $8,489
TOTAL $99,489 $8,489 $91,000 $0 $0 $0 $0
FUNDING SOURCES & SCHEDULE (OOO'S)
General Fund Capital Outlay $0
Bond Proceeds 307 $0
Bond Proceeds $0
Bond Proceeds $0
Bond Proceeds $0
Gas Tax Road & Bridge Fund 102 $0
CaDitaI Funds One Cent 304 $9,591,681 $500,000 $500,000 $4,091,681 $3,500,000 $1,000,000
Governmental Grants 125 $0
Enterprise Fund $0
Impact Fees (indicate fund) $0
Other $0
ED $0
TOTAL $9,591,681 $500,000 $500,000 $4,091,681 $3,500,000 $1,000,000 $0
OPERATING BUDGET IMPACT (OOO'S) GENERAL INFORMATION
1st Year 2nd Year 3rd Year
Personnel$$$ Permitting Required
Operation & Maint. $$$ Project Approval Date
Other Costs $$$ Construction Start Date
Offsetting RevenuelSavings Project Completion Date
INET OPERATING IMPACT $0 $0 $0 PROJECT COST (OOO'S)
COMMENTS:
Reviewed by :
Approved by :
Entered into budget sytem:_
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCIllTECT/ENGINEER
for the
Judge Jefferson B. Browne Courtroom Complex
These contract documents should be used only after consultation with counsel. The
documents are not intended as legal advice appropriate to any specific situation, nor do
they purport to address all issues which may arise between the contracting parties. The
documents should be amended or supplemented where appropriate.
THIS CONTRACT FOR PROFESSIONAL SERVICES (The "Contract") IS MADE AND
ENTERED INTO ON THE 21st DAY OF FEBRUARY, 2007, BY MONROE COUNTY, A
POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (The "Owner") AND
CLEMONS, RUTHERFORD & ASSOCIATES, INC. (The "Architect/Engineer").
The professional services required by this Contract are to provide Basic Architectural
and Engineering services including agreed upon additional services, for the renovations
to, or the replacement of, the Judge Jefferson B. Browne Courtroom Complex, located at
502 Whitehead St. Key West, FI., and does not include the Historic Old Jail built in 1890.
These services shall include, but not be limited to: Study of existing building and
building systems, preparation and completion of the design program for space
requirements and relationships, schematic design, design development, preparation of
contract documents for bids, review of bids, recommendation of contract awards, cost
estimating during design and document preparation, administration of contract
documents, consultation and on-site inspections during construction, review and
recommend approval of contractor invoices, public presentations and presentations to
the County Commission. These services shall not commence until written notice to
proceed has been provided by owner to the consultant.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which hereby acknowledged, the Owner and the Architect/Engineer agree:
1
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, the Architect/Engineer makes the following express
representations and warranties to the Owner:
1.1.1 The Architect/Engineer is a professional qualified to act as the Architect/Engineer
for the Project and is licensed to practice Architecture/Engineering by all public entities
having jurisdiction over the Architect/Engineer and the Project;
1.1.2 The Architect/Engineer shall maintain all necessary licenses, permits or other
authorizations necessary to act as Architect/Engineer for the Project until the
Architect/Engineer's duties there under have been fully satisfied;
1.1.3 The Architect/Engineer has become familiar with the Project site and the local
conditions under which the Project is to be designed, constructed, and operated;
1.1.4 The Architect/Engineer shall prepare all documents required by this Contract
including, but not limited to, all contract plans and specifications, in such a manner that
they shall be in conformity and comply with all applicable law, codes and regulations.
The Architect/Engineer warrants that the documents prepared as a part of this Contract
will be adequate and sufficient, per accepted professional practices, to accomplish the
purposes of the Project.
1.1.5 The Architect/Engineer assumes full responsibility to the extent allowed by law
with regards to his performance and those directly under his employ as
Architect/Engineer of Record.
1.1.6 The Architect/Engineer's services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work. The
Architect/Engineer shall submit, for the Owner's and Facilities Development's
information, a schedule for the performance of the Architect/Engineer's services which
may be adjusted as the Project proceeds if approved by the Owner, and shall include
allowances for periods of time required for the Owner's and Facilities Development's
review, and for approval of submission by authorities having jurisdiction over the Project.
Time limits established by this schedule and approved by the Owner may not be
exceeded by the Architect/Engineer except for delay caused by events not within the
control of the Architect/Engineer or foreseeable by him. In the event the
Architect/Engineer does not conform to the schedule for completion of Bid Documents,
then the Architect/Engineer may be assessed a charge up to $1,000.00 per day beyond
the agreed upon completion date for Bid Documents. The penalty shall apply only to the
completion of documents required for bidding, said date being met with the delivery of
one final set to the Owner. The Owner shall assess the charge only after it is
determined that the delay in work product is solely the fault of the Architect/Engineer and
his sub-consultants and is not the fault of the owner or other parties not under the control
of the Architect/Engineer.
ARTICLE"
SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE
2
2.1 DEFINITION
2.1.1 Architect/Engineer's Basic Services consist of those described in Paragraphs 2.2
through 2.8, and other services identified as part of Basic Services, and include normal,
civil, structural, mechanical, and electrical engineering services. Basic Services shall
also include three appearances at public meetings, as needed.
2.1.2 The Design for Construction shall include, but shall not necessarily be limited to,
plans and specifications which describe all systems, elements, details, components,
materials, equipment, and other information necessary for construction. The Design for
Construction shall be accurate, coordinated and in all respects adequate for construction
and shall be in conformity, and comply, with all applicable law, codes, permits, and
regulations. Products, equipment and materials specified for use shall be readily
available unless written authorization to the contrary is given by the Owner. The
Architect/Engineer shall be responsible for designing the Project in accordance with the
analyses and recommendations of the geotechnical information furnished per Article 4.4.
2.1.3 An initial study and report of condition of existing building and recommendations
as to the reuse or demolition of the building with cost estimate of each approach. All
previous Engineering reports and bi-weekly reports shall be provided by the Owner for
Architects/Engineer's review.
a. Architect/Engineer to provide structural analysis and mechanical,
electrical, and plumbing (M.E.P.) analysis of the existing building with recommendations
as to practicality of remodeling the structure.
b. Architect/Engineer to provide a report on feasibility of renovating existing
building with regard to the proposed use of the building.
c. Taking into consideration the condition of the existing building and the
requirements of the proposed use of the facility, the Architect/Engineer is to provide a
recommendation to renovate the exiting building or to demolish the existing and
construct a new building.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect/Engineer shall review the construction budget furnished by the
Owner to ascertain the requirements of the Project. The project shall be designed to the
Owner's provided budget. Schematic phase shall be completed within 90 days of
contract effective date.
2.2.2 The Architect/Engineer shall review with the Owner and Facilities Development:
proposed site use and improvements, required permits, zoning, selection of materials,
building systems and equipment; and method of Project delivery.
2.2.3 The Architect/Engineer shall review with the Owner and Facilities Development
alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget
requirements, the Architect/Engineer shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents illustrating
the scale and relationship of Project components.
3
2.2.5 At levels of completion of 50% and 90% of the Schematic Design Phase, the
Architect/Engineer shall provide schematic design studies for the Owner's review and
Facilities Development's information. Architect/Engineer shall make changes as
required by the Owner at no additional cost to the Owner.
2.2.6 Upon completion of the Schematic Design Phase, the Architect/Engineer shall
provide drawings, outline specifications, estimate of anticipated cost in accordance with
the schematic designs, and other documents for the Owner's approval and Facilities
Development's information. Architect/Engineer shall make changes as required by the
Owner at no additional cost to the Owner.
2.2.7 The Schematic Design must be approved in writing, by the Owner prior to
Architect/Engineer continuing to the Design Development Phase.
2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS
2.3.1 The Schematic Design Phase services shall respond to program requirements
and consist of preparation of: conceptual site and building plans, preliminary sections
and elevations, development of approximate dimensions, areas and volumes, concept
sketches as required to explain the design intent to the owner. Perspective renderings
and models, if required by the Owner, will be billed as an additional service as billed as a
reimbursable expense if that service is performed by additional consultants after the
Owner's written approval.
The Architect/Engineer shall perform the following design phase tasks:
a. Structural Design/Documentation services during the Schematic Design
Phase consisting of recommendations regarding basic structural
materials and systems, analyses, and development of conceptual design
solutions for: a predetermined structural system and alternate structural
systems.
b. Mechanical Design/Documentation services during the Schematic Design
Phase consisting of consideration of alternate materials, systems and
equipment, and development of conceptual design solutions for: energy
source (s), energy conservation, heating and ventilating, air conditioning,
plumbing, fire protection, special mechanical systems, process systems,
and general space requirements.
c. Electrical Design/Documentation services during the Schematic Design
Phase consisting of consideration of alternate systems, recommendations
regarding basic electrical materials, systems and equipment, analyses,
and development of conceptual design solutions for: power service and
distribution, lighting, telephones, fire detection and alarms, security
systems, electronic communications, special electrical systems, and
general space requirements.
d. Civil Design/Documentation services during the Schematic Design Phase
consisting of consideration of alternate materials and systems and
development of conceptual design solutions for: on-site utility systems,
off-site utilities work, fire protection systems, drainage systems, sewage
treatment, and paving.
4
e. Provide programming for the facility including, but not limited to space
requirements, adjacencies, and schematic drawings.
2.4 DESIGN DEVELOPMENT/DOCUMENT PHASE
2.4.1 Based on the approved Schematic Design Documents and any adjustments
authorized by the Owner in the program, schedule or construction budget, the
Architect/Engineer shall prepare Design Development Documents for Facilities
Development's review and the Owner's approval. The Design Development Documents
shall consist of drawings and other documents that establish and describe the size and
character of the Project as to architectural/engineering, structural, civil, landscape,
mechanical and electrical systems, telecommunications data, furniture fixtures and
equipment related to the operation of the building, materials and such other elements as
may be appropriate.
2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and
Architect/Engineer, the Architect/Engineer shall provide drawings and other documents
which depict the current status of design development for the Owner's review and
Facilities Development's information. The Architect/Engineer shall provide an estimate
of anticipated cost in accordance with the design development phase.
2.4.3 Upon completion of the Design Development Phase, the Architect/Engineer shall
provide drawings, outline specifications and other documents for the Owner's approval
and Facilities Development's information. The Architect/Engineer shall provide an
estimate of anticipated costs in accordance with the design development phase.
2.4.4 The Design Development Documents must be approved in writing, by the Owner
prior to Architect/Engineer continuing to the Construction Documents Phase.
2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS
To satisfactorily perform the design development phase requirement, the
Architect/Engineer must complete the tasks set forth in paragraphs 2.5.1 - 2.5.13.
2.5.1 Floor Plans - This consists of general plans, overall coordinating plans, and plan
enlargements for important and special areas.
Data required:
a.
Building perimeter (footprint) and exterior wall type, thickness
composition fixed
Structural grid or system
Major mechanical/electrical systems determined and their
requirements reflected and indicated on plans
Indicate buildings core - elevators, stairs, etc.
All internal partitions of appropriate thickness indicated
Floor, slab, and level elevations
Typical door types
Typical partition types
Built-in furniture items - special furniture and equipment (early
clarification of what is "NIC" and "by owner")
and
b.
c.
d.
e.
f.
g.
h.
i.
5
j. Larger scale (e.g., ~"). Key areas, lobby, entries, public plaza, major
corridors, special spaces, etc. Required: All surfaces (floor, wall,
and ceiling treatments), furniture indication, and layout.
k. Evacuation routes identified (to include locating necessary posting of
evacuation route plans).
2.5.2 General Elevations
a. Total full-height facades including roof structures
D. All fenestration
c. Overall vertical building and floor heights
d. Indicate cross-reference points with sections
e. Indicate setbacks, building profiles, expansion joints, etc.
f. Indicate treatment of visible mechanical equipment
g. System impact (precast concrete, stone, panel systems, metal/glass
curtain wall, etc.) properly selected by adequate technical investigation.
2.5.3 Sections
Overall Sections - Overall building longitudinal and transverse "building
explanation" type. Detail Wall Sections - Largest scale (e.g., %"). Dominate full-
height sections conveying basic building configuration, to indicate:
a. Foundation and perimeter treatment
b. Typical wall construction
c. Back-up structure, abutting floor systems
d. Window location and insulation methods
e. Flashing, masonry coursings
f. Mechanical penetrations impact (furring, etc.)
g. Parapet design
2.5.4 Details - Large scale (1-1/2",3") as required. Indicate key conditions.
a. Window types: divisions, pattern, mullion profiles, vent detail, glazing
type, jamb/head, plan section
b. Hollow metal (typical only; keyed to plans and schedules)
c. Frame types (typical only; for compatibility and profile)
d. Stair types - egress, public, exterior (including railing design) Metal and
glass walls, borrowed lights, etc.; for division, profile, and glazing
f. Interior partition types (typical only; keyed to plans and schedules)
g. Built-in furniture items, receptions, desks, work tops, counters, cabinet
types, display cases, recesses, wardrobes, millwork, etc.
2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and
referenced to, floor and reflected ceiling plans. Indicate:
cross-
a. Breaks
b. Level changes
c. Pertinent vertical dimensions.
2.5.6 Reflected Ceiling Plans - Typical and special space. Integrated plans
reflecting structural, mechanical, and electrical impacts. Plans to indicate:
a. Lighting layouts
6
b. Soffits, coves, furrings
c. Skylight locations
d. Ceiling materials
e. Acoustic treatments
f. Heating and ventilating register, diffuser locations
g. Sprinklers
h. Access panels
2.5.7 Schedules - Schedules to be nonrepetitive and comprehensive, with specific
keying to floor plans and elevations.
a. Interior finishes
b. Doors and frames
c. Preliminary hardware
d. Windows/glazing
2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems
descriptions in tune with drawings. Use CSI format with applicable section
numbers. Include all consultant portions as well as those special supplementary
conditions specific to the project.
2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the preliminary
estimate of construction cost prepared at the end of schematic design.
2.5.10Structural Design Development Set
a. Floor plans at the same scale as the architectural/engineering drawings
b. Typical floor framing plans, including sizing of beam drops, slab openings,
thicknesses, and depressions
c. Framing indication and governing sizing at: roof structures, penthouse,
bulkheads, other
d. Nontypical framing scheme where required: lobby, floors at grade, and
other
e. All column points established
f. Final column schedule
g. Preliminary details and sections to adequately indicate structural system
h. Preliminary details of major unique conditions that impact on scheme (as
determined by the Architect/Engineer)
i. Details indicating accommodation with mechanical/electrical at areas of
major interface
j. Design development specifications
k. Any necessary recommended adjustments to the preliminary estimate of
construction cost.
I. Indicate all structural requirements needed to relieve deficiencies in
existing building if the existing building is to be used.
2.5.11 Mechanical/Electrical Design Development Set
a. Typical floor plans. Systems representation in diagrammatic
(nondetailed) style, major items of equipment indicated, their space
requirements and interface requirements with other systems. Indicate:
7
major shafts (sizes), chases, mechanical rooms and electric closets, and
convector/fan coil locations, etc.
b. Required punctures: wall, slab, and beam
c. Terminal plans (lobby, cellar, roof) with items of heavy equipment shown
in diagrammatic style, with their space requirements indicated: (1)
Transformer vaults (approved obtained from local utility company), (2)
Switchgear, emergency generator, water storage tanks, fire pumps, etc.,
(3) Roof cooling towers, major air-conditioning and air-handling
equipment, packaged units, etc. The existing chiller and cooling towers
provide chilled water for use in 2 additional buildings.
d. Locations of major roof-air handling equipment: cooling towers, exhaust
fans, etc.
e. Preliminary details of major and unique conditions that impact on scheme
(as determined by the ArchitecVEngineer)
f. Data to be developed in conjunction and in coordination with the project
team:
1. Integrated diagrammatic lighting plans indicating all overhead
mechanical and electrical equipment for typical floor and special
spaces
2. Cuts and explanatory information for interior visual items such as:
louvers, registers, heating/cooling units, and cabinets.
3. Exterior louver requirements and proposed locations.
2.5.12 Site Design Development Set
a. Building location plan--building tied down dimensionally with pertinent
adjacencies, street lines and grades, property lines, required setbacks,
easements, rights of way, manholes, sewers, hydrants, light standards,
etc., interfaced with survey.
b. Main entry level datum elevation with key exterior grades at building
perimeter.
c. Site development grading and landscaping plans
d. Overall preliminary site grading and defined design of external elements,
properly coordinated and interfaced with mechanical/electrical for utility
entry points
e. Indicate areaways, vaults, access to sub grade spaces
f. Preliminary site and exterior building lighting scheme with identification of
fixture types
g. Parking area defined with preliminary plotting
h. Indication of paths, stairs, ramps, beams, terraces, etc.
i. Plant materials (indication and preliminary schedule)
j. Design development details: railings, stairs, ramps, paving types and
patterns, kiosks, benches, light standards, others
k. Design development specifications
I. Any necessary adjustments to the preliminary estate of construction cost.
2.5.13 other Consultants' Design Development Sets
As appropriate to the Project.
2.5.14 Limitations - The above list of drawings represents, in general, the requirements
of the Project.
8
2.6 CONSTRUCTION DOCUMENTS PHASE
2.6.1 Based on the approved Design Development Documents and any further
adjustments authorized by the Owner in the scope or quality of the Project of in the
construction budget, the Architect/Engineer shall prepare, for approval by the Owner
Facilities Development, Construction Documents consisting of Drawings and
Specifications setting forth in detail the requirements for the construction of the project.
Construction Documents are to include interior design, record drawings, and energy
forms.
2.6.2 The Architect/Engineer shall provide Drawings and Specifications for the Owner's
and Facilities Development's review.
2.6.3 Upon completion of the Construction Documents Phase, the Architect/Engineer
shall provide Construction Documents for the Owner's and Facilities Development's
approval. Once approved the Architect/Engineer shall provide the Owner eight (8)
complete signed and sealed sets of construction drawings and the technical
specifications saved electronically in Adobe Acrobat file (.pdf) format Any and all files
used to create the technical specifications need to be submitted saved as an Adobe
Acrobat file (.pdf) format, including but not limited to; technical sections, reports such as,
asbestos, geotechnical, soils, paint, and photographs. The Architect/Engineer shall
provide an estimate of anticipated costs in accordance with the construction
development phase.
2.6.4 The Architect/Engineer shall assist the Owner and Facilities Development in the
preparation of the necessary bidding information.
2.6.5 The Architect/Engineer's construction documents (plans, specifications, etc.) will
conform to all written codes and regulations of the federal government, county, state,
municipalities, agencies and state departments, in effect at the date of this Agreement,
and shall be of such completion as to receive all permits when applied for. If permits are
denied, then the Architect/Engineer will conform the construction documents in such
manner to receive permits upon such plans. Work required by the Architect/Engineer to
conform the documents to federal, state, city, county, or agency specifications to allow
them to be approved shall be completed at no charge or cost to the Owner.
2.7 BIDDING OR NEGOTIATION PHASE
2.7.1 The Architect/Engineer, following the Owner's approval of the Construction
Documents and the Architect/Engineer's latest estimate of Construction Cost, shall
assist Facilities Development in obtaining bids or negotiated proposals.
2.7.2 The Architect/Engineer shall assist Facilities Development in issuing bidding
documents to bidders and conducting pre-bid conferences with prospective bidders.
The Architect/Engineer, with the assistance of Facilities Development, shall respond to
questions from bidders, and shall issue addenda.
2.7.3 The Architect/Engineer shall, on behalf of the Owner, file all necessary
documents required to secure building permit. Assistance with securing a development
approval will be in the form of providing schematic drawings.
9
2.8 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
2.8.1. The Architect/Engineer's responsibility to provide Basic Services for the
Construction Phase under this Agreement commences with the award of the Contract for
construction and terminates with the issuance to the Owner of the project's final
approved Application for Payment including the submission of all project close out
documents by the Architect/Engineer and Contractor. The Architect/Engineer will
administer the Owner/Contractor contract as provided for in that document. The
Architect/Engineer agrees to perform a project check prior to the end of the warranty
period as a part of the contract. The check shall not exceed one working day unless
additional time is approved by the Owner.
2.8.2 The Architect/Engineer shall at all times have access to the Work whenever it is
in preparation or progress.
2.8.3 The Architect/Engineer shall, as contemplated herein and in the Construction
Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout
construction of the Project. Instructions, directions, and other appropriate
communications from the Owner to the Contractor shall be given to the Contractor by the
Architect/Engineer or Facilities Development.
2.8.4 Upon receipt, the Architect/Engineer shall carefully review and examine the
Contractor's Schedule of Values, together with any supporting documentation or data
which the Owner or the Architect/Engineer may require from the Contractor. The
purpose of such review and examination shall be to protect the Owner from an
unbalanced Schedule of Values which allocates greater value to certain elements of the
Work than is indicated by such supporting documentation or data, or than is reasonable
under the circumstances. If the Schedule of Values were not found to be appropriate, or
if the supporting documentation or data is deemed to be inadequate, and unless the
Owner directs the Architect/Engineer to the contrary in writing, the Schedule of Values
shall be returned to the Contractor for revision of supporting documentation or data.
After making such examination, if the Schedule of Values is found to be appropriate as
submitted, or if necessary, as revised, the Architect/Engineer and Facilities Development
shall sign the Schedule of Values thereby indicating its informed belief that the Schedule
of Values constitutes a reasonable, balanced basis for payment of the Contract Price to
the Contractor. The Architect/Engineer and Facilities Development shall not approve
such Schedule of Values in the absence of such belief unless directed to do so, in
writing, by the Owner. The Architect/Engineer shall complete review and respond to the
contractor within 10 working days.
2.8.5 The Architect/Engineer shall carefully inspect the work of the Contractor and
shall, at a minimum, inspect work at the Project site once every week. The purpose of
such inspections shall be to determine the quality and quantity of the work in comparison
with the requirements of the Construction Contract. In making such inspections, the
Architect/Engineer shall protect the Owner from continuing deficient or defective work,
from continuing unexcused delays in the schedule and from overpayment to the
Contractor. Following each inspection, the Architect/Engineer shall submit a written
report of such inspection, together with any appropriate comments or recommendations
to the Owner.
2.8.6 The Architect/Engineer shall initially approve periodic and final payments owed to
the Contractor under the Construction Contract predicated upon inspections of the work
and evaluations of the Contractor's rate of progress in light of the remaining contract
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time and shall issue to the Owner Approvals of Payment in such amounts. By issuing an
Approval of Payment to the Owner, the Architect/Engineer reliably informs the Owner
that the Architect/Engineer has made the inspection of the work required, and that the
work for which payment is approved has reached the quantities or percentages of
completion shown, or both, that the quality of the Contractor's work meets or exceeds
the requirements of the Construction Contract, and that under the terms and conditions
of the Construction Contract, the Owner, after Owner's approval, is obligated to make
payment to the Contractor of the amount approved.
2.8.7 The issuance of an Approval for Payment shall not be a representation that the
Architect/Engineer has (1) made exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. (2) reviewed construction means, methods,
techniques, sequences or procedures. (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the Owner to
substantiate the Contractor's right to payment or (4) ascertained how or for what purpose
the Contractor has used money previously paid on account of the Contract Sum.
2.8.8 The Architect/Engineer shall have authority, after notification to Facilities
Development, to reject Work, which does not conform to the Contract Documents.
Whenever the Architect/Engineer considers it necessary or advisable for implementation
of the intent of the Contract Documents the Architect/Engineer will have authority, upon
written authorization from the Owner, to require additional inspection or testing of the
Work in accordance with the provisions of the Contract Documents, whether or not such
Work is fabricated, installed or completed.
2.8.9 The Architect/Engineer shall review and approve or take other appropriate action
upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but
only for the limited purpose of checking for conformance with information given and the
design concept expressed in the Contract Documents. The Architect/Engineer's action
shall be taken with such reasonable promptness as to cause no delay in the Contractor's
Work or in construction by the Owner's own forces, while allowing sufficient time in the
Architect/Engineer's professional judgment to permit adequate review. Review of such
submittals is not conducted for the purpose of determining the accuracy and
completeness of other details such as dimensions and quantities or for substantiating
instructions for installation or performance of equipment or systems designed by the
Contractors, all of which remain the responsibility of the Contractors to the extent
required by the Contract Documents. The Architect/Engineer's review shall not
constitute approval of safety precautions or, unless otherwise specifically stated by the
Architect/Engineer, of construction means, methods, techniques, sequences, or
procedures. The Architect/Engineer's approval of a specific item shall not indicate
approval of an assembly of which the item is a component. When professional
certification of performance characteristic of materials, systems or equipment is required
by the Contract Documents, the Architect/Engineer shall be entitled to rely upon such
certification to establish that the materials, systems or equipment will meet the
performance criteria required by the Contract Documents. Architect/Engineer shall take
appropriate action on submittals within 14 calendar days. The Architect/Engineer shall
maintain a tracking log for the submittals which shall include but not be limited to; the
submittal as named in the specification, all dates as required for tracking and the status
of approval. A copy of the tracking log will be made available to Owner when requested.
2.8.10 The Architect/Engineer shall review and sign or take other appropriate action on
Change Orders and Construction Change Directives prepared by Facilities Development
for the Owner's approval and execution in accordance with the Contract Documents.
Architect/Engineer to take appropriate action within 7 calendar days.
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2.8.11 The Architect/Engineer shall promptly provide appropriate interpretations as
necessary for the proper execution of the work as long as there is no change in the
Contract price.
2.8.12 The Architect/Engineer shall require inspection or reinspection and testing or
retesting of the work, to include architectural/engineering, structural, mechanical, and
electrical engineering portions of the work, in accordance with the provisions of the
Construction Contract whenever appropriate.
2.8.13 The Architect/Engineer, assisted by Facilities Development, shall conduct
inspections to determine the dates of Substantial Completion and the date of Final
Completion. The Architect/Engineer shall submit to the Owner a list comprised of
incomplete and/or unacceptable items required by the Contract Documents to include
architectural/engineering, structural, mechanical and electrical engineering portions of
the work. The Architect/Engineer shall forward to Facilities Development warranties and
similar submittals required by the Contract Documents which have been received from
the Contractor. The Architect/Engineer shall issue a final Project Application for
Payment upon compliance with the requirements of the Contract Documents.
2.8.14 The Architect/Engineer shall interpret and decide matters concerning
performance of the Contractor under the requirements of the Contract Documents upon
written request. The Architect/Engineer's response to such requests shall be made with
promptness and within seven (7) days of receipt of request.
2.8.15 Interpretations and decisions of the Architect/Engineers shall be consistent with
the intent of and reasonably inferable from the Contract Documents and shall be in
writing or in the form of drawings and submitted on proper Construction Change
Directives.
2.8.16 The Architect/Engineer shall render written decisions within a reasonable time on
all claims, disputes or other matters in question between Owner and Contractors relating
to the execution or progress of the Work as provided in the Contract Documents.
2.8.17 Duties, responsibilities and limitations of authority of the Architect/Engineer shall
not be restricted, modified or extended without written agreement of the Owner and
Architect/Engineer.
2.8.18 The Architect/Engineer shall be a representative of and shall advise and consult
with the Owner (1) during construction until final payment to the Contractor is due and
(2) as a Basic Service at the Owner's direction from time to time during the correction
period described in the Contract for Construction. This advice and consultation shall be
limited to verbal comment on actions of the Owner and shall not necessitate filing of
records, forms, or revisions to drawings, without additional compensation. If additional
services are required which are not included above, compensation shall be in
accordance to the attached hourly rate schedule.
2.8.19 The Architect/Engineer shall transmit to the Owner all manuals, operating
instructions, as-built plans, warranties, guarantees and other documents and things
required by the Construction Contract and submitted by the Contractor, before final
payment is made.
2.8.20 The Architect/Engineer shall not have control over or charge of and shall not be
responsible for construction means, methods, techniques, sequences or procedures, or
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for safety precautions and programs in connection with the Work, since these are solely
the Contractor's responsibility under the Contract for Construction. The
Architect/Engineer shall not be responsible for the Contractor's schedules or failure to
carry out the work in accordance with the contract documents. The Architect/Engineer
shall not have control over or charge of acts or omissions of the Contractor,
Subcontractors, or their agents or employees, or of any other persons performing
portions of the work.
2.8.21 The Architect/Engineer shall testify in any judicial proceeding concerning the
design and construction of the project when requested in writing by the Owner, and the
Architect/Engineer shall make available to the Owner any personnel or consultants
employed or retained by the Architect/Engineer for the purpose of reviewing, studying,
analyzing or investigating any claims, contentions, allegations, or legal actions relating
to, or arising out of, the design or construction of the project. Testimony will be provided
as part of the basic services when in defense of claims for actions of the
Architect/Engineer, unless otherwise prevented by counsel of the
Architect/Engineer and which time it would be subject to subpoena. For other claims
against the Owner, the Architect/Engineer will do this under an expert witness with
com pensation.
2.8.22 The Architect/Engineer shall review any as-built drawings furnished by the
Contractor and shall certify to the Owner that same are adequate and complete.
2.8.23 The Architect/Engineer shall, without additional compensation, promptly correct
any errors, omissions, deficiencies, or conflicts in the work product of the
Architect/Engineer or its consultants, or both.
2.8.24 The Architect/Engineer must reimburse the Owner for any added costs paid by
the Owner during construction that were incurred as the result of any omission,
deficiency, or conflict in the work product of the Architect/Engineer, its consultants, or
both. This added expense is defined as the difference in cost from that which the Owner
would have paid if the work was included in the bid, and the actual cost presented by the
Contractor.
ARTICLE III
3.1 GENERAL
3.1.1 The services described in this Article III are not included in Basic Services. They
shall be paid for by the Owner as provided in this agreement as an addition to the
compensation paid for the Basic Services but only if approved by the Owner before
commencement.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in subparagraph
2.8.5 is required, the Architect/Engineer shall provide one or more project
representatives to assist in carrying out such additional on-site responsibilities.
3.4 OPTIONAL ADDITIONAL SERVICES
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3.4.1 Providing detailed quantity surveys or inventories of material and equipment.
3.4.2 Providing analyses of owning and operating costs.
3.4.3 Providing interior design and other similar services required for or in connection
with the selection, procurement or installation of furniture, furnishings and related
equipment.
3.4.4 Providing assistance in the utilization of equipment or systems such as testing,
adjusting and balancing, preparation of operation and maintenance manuals, training
personnel for operation and maintenance, and consultation during operation.
3.4.5 Providing planning surveys, site evaluations or comparative studies of
prospective sites.
3.4.6 Providing special surveys or environmental studies required for approvals of
governmental authorities or others having jurisdiction over the project.
3.4.7 Providing service relative to future facilities, systems and equipment.
3.4.8 Providing detailed estimates of the construction cost (an item by item
enumeration and analysis of all the costs that go to make up the Architect/Engineer's
final estimate described in paragraph 5.1).
3.4.9 Making investigations, inventories of materials or equipment, or valuations and
detailed appraisals of existing facilities.
3.4.10 Providing services of consultants for other than architectural/engineering, civil,
structural, mechanical, and electrical engineering portions of the Project provided as a
part of Basic Services.
3.4.11 Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted architectural/engineering
practice.
3.4.12 Providing assistance with public agencies requiring formal review of project and
preparation of documents, reports, studies, renderings, models, payment of fees,
applications and other material necessary to seek such approval.
3.4.13 Providing representation before public bodies in conjunction with approval of
project, upon approval by owner, after the first three appearances as described in
paragraph 2.1.1.
3.5 CONTINGENT ADDITIONAL SERVICES
3.5.1 Making revisions in Drawings, Specifications or other documents when such
revisions are:
a. Inconsistent with approvals or instructions previously given by the Owner,
including revisions made necessary by adjustments in the Owner's
program or Project budget;
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b. Required by the enactment or revision of codes, laws or regulations
subsequent to the preparation of such documents and not reasonably
anticipated; or
c. Due to changes required as a result of the Owner's failure to render
decisions in a timely manner.
3.5.2 Providing services required because of significant changes in the Project
including, but not limited to, size, quality, complexity, the Owner's schedule, or the
method of bidding or negotiating and contracting for construction.
3.5.3 Providing consultation concerning replacement of work damaged by fire or other
cause during construction, and furnishing services required in connection with the
replacement of such work.
3.5.4 Providing services in connection with public hearings.
ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The Owner shall establish and update an overall budget for the Project based on
consultation with Facilities Development and the Architect/Engineer, which shall include
the Construction Cost, the Owner's other costs and reasonable contingencies related to
all of these costs.
4.2 The Owner shall designate Facilities Development to act on the Owner's behalf
with respects to the Project. The Owner or Facilities Development shall render decisions
in a timely manner pertaining to documents submitted by the Architect/Engineer in order
to avoid unreasonable delay in the orderly and sequential progress of the
Architect/Engineer's services.
4.3 The Owner shall furnish surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a written legal description of
the site. The surveys and legal information shall include, as applicable, grades and lines
of streets, alleys, pavements, and adjoining property and structures; adjacent drainage;
rights-of-way; restrictions, easements, encroachments, zoning, deed restrictions,
boundaries and contours of the site; locations, dimensions and necessary data
pertaining to existing buildings, other improvements and trees; and information
concerning available utility services and lines, both public and private, above and below
grade, including inverts and depths. All the information on the survey shall be
referenced to a Project benchmark.
4.4 The Owner shall furnish the geotechnical tests when requested by the
Architect/Engineer. Such tests may include, but not limited to, test borings, test pits,
determinations of soil bearing values, percolation tests, evaluations of hazardous
materials, and ground corrosion and resistively tests, including necessary operations for
anticipating subsoil conditions, with reports and appropriate professional
recommendations.
4.5 The Owner shall furnish all legal, accounting and insurance counseling services
as may be necessary at any time for the Project, including auditing services the Owner
may require to verify the Contractor's Application for Payment or to ascertain how or for
what purposes the Contractor has used the money paid by or on behalf of the owner.
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4.6 The services, information, surveys and reports shall be furnished at the Owner's
expense, and the Architect/Engineer shall be entitled to rely upon the accuracy and
completeness thereof.
4.7 Prompt written notice shall be given by the Owner and Facilities Development to
the Architect/Engineer if they become aware of any fault or defect in the Project or non-
conformance with the Contract Documents.
4.8 Certificate or certificates requested by the Owner to the Architect/Engineer for
the Architect/Engineer and their consultants, shall be submitted by the
Architect/Engineer to the Owner for review and approval at least 14 days prior to
execution. The Owner shall not request certifications that would require knowledge or
services beyond the scope of this Agreement.
4.9 The Owner shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Architect/Engineer's services and work of the contractors.
4.10 The Owner shall furnish the Architect/Engineer copies of written communications.
4.11 The Owner's review of any documents prepared by the Architect/Engineer or its
consultants shall solely for the purpose of determining whether such documents are
generally consistent with the Owner's criteria, as and if, modified. No review of such
documents shall relieve the Architect/Engineer of responsibility for the accuracy,
adequacy, fitness, suitability or coordination of its work product.
4.12 The Owner shall furnish structural, mechanical, chemical, air and water pollution
tests, tests for hazardous materials, and other laboratory and environmental tests,
inspections and reports required by law or the Contract Documents.
ARTICLE V
CONSTRUCTION COST
5.1 Contemporaneously with the submission of the Design of Construction, the
Architect/Engineer shall submit to the Owner in writing its final estimate of the
contractor's anticipated price for constructing the Project. Once submitted, the final
anticipated price estimate shall be adjusted by the Architect/Engineer to reflect any
increase or decrease in anticipated price resulting from the change in Design for
Construction.
5.2 The Construction Cost shall be the total estimated cost to the Owner of all
elements of the project designed or specified by the Architect/Engineer.
5.3 The Construction Cost shall include the cost at current market rates of labor and
materials furnished by the Owner and equipment designed, specified, selected or
specially provided for by the Architect/Engineer, plus a reasonable allowance for the
Contractor's overhead and profit.
5.4 Construction cost does not include the compensation of the Architect/Engineer
and the Architect/Engineer's consultants, the costs of land, rights-of-way, financing or
other costs which are the responsibility of the Owner.
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5.5 The Architect/Engineer agrees that, should the bid for construction of the project
exceed it's estimate by ten percent (10%) or more, it will redesign, redraw and/or rebid,
at no additional expense to the Owner, until the bids are within the stated limits.
ARTICLE VI
6.1 INDEMNIFICATION AND HOLD HARMLESS
6.1.1 The Architect/Engineer convenants and agrees to indemnify and hold harmless
Monroe County and Monroe County Board of County Commissioners from any and all
claims for bodily injury (including death), personal injury, and property damage (including
property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of services
provided by the Architect/Engineer in any tier, occasioned by the negligence, errors, or
other wrongful act or omission of the Architect/Engineer in any tier, their employees, or
agents. The first ten dollars ($10.00) of remuneration paid to the Architect/Engineer is
for the indemnification provided for above. The extent of liability is in no way limited to,
reduced, or lessened by the insurance requirements contained elsewhere within this
agreement. Should any claims be asserted against the Owner by virtue of any
deficiency or ambiguity in the plans and specifications provided by the
Architect/Engineer, the Architect/Engineer agrees and warrants that he shall hold the
Owner harmless and shall indemnify him from all losses occurring thereby and shall
further defend any claim or action on the Owner's behalf.
ARTICLE VII
7.1 PERSONNEL
7.1.1 The Architect/Engineer shall assign only qualified personnel to perform any
service concerning the project. At the time of execution of this contract, the parties
anticipate that the following named individuals will perform those functions as indicated:
NAME
Greo Kelley
Shay Divsalar
FUNCTION
Proiect Architect
Proiect Desiqner / Manaoer
So long as the individuals named above remain actively employed or retained by the
Architect/Engineer, they shall perform the functions indicated next to their names.
ARTICLE VIII
8.1 PAYMENTS
8.1.1 For its assumption and performances of the duties, obligations and
responsibilities set forth herein, the Architect/Engineer shall be paid monthly, in
accordance with the following schedule:
(A) The Architectural/Engineering fee shall be based on the following criteria:
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1. Initial structural and functional analysis and recommendation as to
the fate of the existing structure -lump sum of $91 ,000.00
2. Schematic Design 15 percent
3. Design Development Phase 30 percent
4. Construction Documents Phase 30 percent
5. Bidding or Negotiation Phase: 5 percent
6. Construction Phase 20 percent
If renovation of the existing building is recommended, the estimated construction
cost of $8,000,000.00 and a fee percentage of 9.5% shall be initially used to
calculate the architectural/engineering fee. If demolition of the existing building
and construction of a new building is recommended, an estimated construction
cost of $16,000,000.00 and a fee percentage of 8.5% shall be initially used to
calculate the architectural/engineering fee. When the actual construction cost is
known, the fee will be adjusted in a written amendment to this agreement. If the
project is suspended for a period of at least six months, an adjustment will be
determined by mutual agreement and as approved by the Monroe County BOCC.
Item #1 above is to be separate and not included in the calculation of fees based
on construction costs.
A final adjustment will be made when construction is complete.
(B) For the performance of the optional additional services and
contingent additional services described in Article III of this contract, provided same are
first authorized in writing by the Owner, the Architect/Engineer shall be paid hourly at the
rates identified in Exhibit "A".
(C) If the Architect/Engineer's duties, obligations and responsibilities
are materially changed through no fault of the Architect/Engineer after execution of this
contract, compensation due to the Architect/Engineer shall be equitably adjusted, either
upward or downward;
(D) As a condition precedent for any payment due under this contract,
the Architect/Engineer shall submit monthly, unless otherwise agreed in writing by the
Owner, an invoice to the Owner requesting payment for services properly rendered and
reimbursable expenses due hereunder. The Architect/Engineer's invoice shall describe
with reasonable particularity the service rendered. The Architect/Engineer's invoice shall
be accompanied by such documentation or data in support of expenses for which
payment is sought at the Owner may require.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable expenses include expenses incurred by the Architect/Engineer in
the interest of the project (see also Exhibit "B"):
a. Expense of transportation submitted by Architect/Engineer, in writing, and
living expenses in connection with out-of-county travel authorized by the
Owner, in writing, but only to the extent and in the amounts authorized by
Section 112.061, Florida Statutes;
b. Fees paid for securing approval of authorities having jurisdiction over the
project;
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c. Reproductions as requested only by the Owner (beyond 8 signed and
sealed full size sets, plus one full size reproducible set, and one 11 x 17
reproducible set, and one electronic set);
d. Postage and handling of Drawings and Specifications, except for those
charges for postage between the Architects/Engineers branch offices and
between the Architect/Engineer and his consultants.
e. Renderings and Models requested by the Owner.
ARTICLE IX
9.1 APPLICABLE LAW
9.1.1 This contract is governed by the laws of the State of Florida. Venue for any
litigation arising under this contract must be in Monroe County, Florida.
ARTICLE X
10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN FOR
CONSTRUCTION
10.1 The Drawings, Specifications and other documents prepared by the
Architect/Engineer for this project are instruments of the Architect/Engineer's service for
use solely with respect to this project. The Architect/Engineer shall be deemed the
author of these documents and shall retain all common law, statutory and other reserved
rights. Architect/Engineer's Drawings, Specifications and other documents shall not be
used by the Owner or others on other projects, except by agreement in writing. The
Architect/Engineer's drawings and specifications, and other documents, may be used for
completion of this project by others.
10.1.2 Submission or distribution of documents to meet official regulatory requirements
or for similar purposes in connection with the project is not to be construed as
publication in derogation of the Architect/Engineer's reserved rights.
10.1.3 The As-Built drawings and specifications may be furnished by the contractor to
the Owner in electronic format in addition to the original As-Built documents.
10.1.4 The Owner may utilize the construction documents, As-Built documents, etc. as
required for reference on any necessary future work on the site.
ARTICLE XI
11.1 SUCCESSORS AND ASSIGNS
11.1.1 The Architect/Engineer shall not assign its right hereunder, excepting its right to
payment, nor shall it delegate any of its duties hereunder without the written consent of
the Owner. Subject to the provisions of the immediately preceding representatives to
the other and to the successors, assigns and legal representatives of such other party.
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ARTICLE XII
12.1 NO THIRD PARTY BENEFICIARIES
12.1.1 Nothing contained herein shall create any relationship, contractual or otherwise,
with or any rights in favor of, any third party.
ARTICLE XIII
13.1 INSURANCE
13.1.1 The Architect/Engineer shall obtain insurance as described in 13.1.2 and
maintain the required insurance at all times this contract is in effect. Errors and
Omissions Insurance shall also be maintained for a period of two years after final
completion of the project. In the event the completion of the project (to include the work
of others) is delayed or suspended as a result of the Architect/Engineer's failure to
purchase or maintain the required insurance, the Architect/Engineer shall indemnify the
County from any and all increased expenses resulting from such delay.
13.1.2. The Architect/Engineer shall furnish the Owner certificates of insurance
indicating the following coverages or in excess thereof:
Worker's Compensation in the amount of Statutory Limits; Employer's Liability $100,000
per occurrence, $500,000 per property damage, $100,000 per person; General Liability
(Premises operations, products and completed operations, Blanket Contractual Liability
, Personal Injury Liability, Expanded Definition of Property Damage) with $500,000 per
person, $1,000,000 per occurrence, $100,000 property damage, or $1,000,000
combined single limit, Vehicle Liability should extend a liability for owned, non-owned,
and hired vehicles with coverage of $50,000 per person, $100,000 per occurrence,
$25,000 property damage, or $100,000 combined single limit; Architects Errors &
Omissions with $1,000,000 per occurrence/$3,000,OOO aggregate; Engineers &
Omissions with $1,000,000 per occurrence/$3,OOO,000 aggregate.
13.1.3 The coverage provided herein shall contain an endorsement providing sixty (60)
days notice to the Owner prior to any cancellation of said coverage. Said coverage shall
be written by an insurer acceptable to the Owner and shall be in a form acceptable to the
Owner.
ARTICLE XIV
TERMINATION
14.1 Either party hereto may terminate this contract upon giving seven (7) days written
notice to the other in the event that such other party substantially fails to perform its
material obligations set forth herein. Termination expenses shall include all expenses
until date of termination and any additional services required in order to stop
performance of services, subject to audit for verification.
14.1.1 The Owner may cancel this agreement without cause by giving the other party
sixty (60) days written notice of its intention to do so.
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14.1.1 Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners and the
approval of the Board members at the time of contract initiation and its duration.
ARTICLE XV
ENTIRE AGREEMENT
15.1 This contract constitutes of the form of agreement (Articles I-XV), the exhibit that
is attached and made a part of the contract, and the documents referred to in the form of
agreement as a part of this contract. In the event any conflict between any of those
contract documents, the one imposing the greater burden on the Architect/Engineer will
control.
15.2 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list.
ARTICLE XVI
Added Reauirements
16.1 The following items are part of this contract:
a) Architect/Engineer shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Each party to this Agreement or
their authorized representatives shall have reasonable and timely access to such
records of each other party to this Agreement for public records purposes during the
term of the Agreement and for four years following the termination of this Agreement. If
an auditor employed by the County or Clerk determines that monies paid to
Architect/Engineer pursuant to this Agreement were spent for purposes not authorized
by this Agreement, the Architect/Engineer shall repay the monies together with interest
calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to
County.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement
shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the County and Architect/Engineer agree that venue will
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to a trial by jury. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County. The Parties waive their rights to a trial by jury.
c) Severability. If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared
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invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Agreement
shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Architect/Engineer agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of
the stricken provision.
d) Attorney's Fees and Costs. The County and Architect/Engineer agree
that in the event any cause of action or administrative proceeding is initiated or defended
by any party relative to the enforcement or interpretation of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative,
and out-of-pocket expenses, as an award against the non-prevailing party, and shall
include attorney's fees, courts costs, investigative, and out-of-pocket expenses in
appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Architect/Engineer and
their respective legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law.
g) Claims for Federal or State Aid. Architect/Engineer and County agree
that each shall be, and is, empowered to apply for, seek, and obtain federal and state
funds to further the purpose of this Agreement; provided that all applications, requests,
grant proposals, and funding solicitations shall be approved by each party prior to
submission.
h) Resolution of Disputes or Disagreements. County and Architect/Engineer
agree that all disputes and disagreements shall be attempted to be resolved by meet
and confer sessions between representatives of each of the parties. If no resolution can
be agreed upon within 30 days after the first meet and confer session, the issue or
issues shall be discussed at a public meeting of the Board of County Commissioners. If
the issue or issues are still not resolved to the satisfaction of the parties, then any party
shall have the right to seek such relief or remedy as may be provided by this Agreement
or by Florida law.
i) Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or
breach of this Agreement, County and Architect/Engineer agree to participate, to the
extent required by the other party, in all proceedings, hearings, processes, meetings,
and other activities related to the substance of this Agreement or provision of the
services under this Agreement. County and Architect/Engineer specifically agree that no
party to this Agreement shall be required to enter into any arbitration proceedings related
to this Agreement.
j) Nondiscrimination. Architect/Engineer and County agree that there will
be no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
22
effective the date of the court order. Architect/Engineer or County agree to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act
of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504
of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5)
The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990
(42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
k) Covenant of No Interest. Architect/Engineer and County covenant that
neither presently has any interest, and shall not acquire any interest, which would
conflict in any manner or degree with its performance under this Agreement, and that
only interest of each is to perform and receive benefits as recited in this Agreement.
I) Code of ,Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The Architect/Engineer and County warrant
that, in respect to itself, it has neither employed nor retained any company or person,
other than a bona fide employee working solely for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of the provision, the
Architect/Engineer agrees that the County shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
n) Public Access. The Architect/Engineer and County shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials
in its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the Architect/Engineer and County in conjunction with
this Agreement; and the Architect/Engineer shall have the right to unilaterally cancel this
Agreement upon violation of this provision by County.
23
0) Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28,
Florida Statutes, the participation of the Architect/Engineer and the County in this
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any contract
entered into by the County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the
County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and case
law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the Architect/Engineer and the County agree that neither the
Architect/Engineer nor the County or any agent, officer, or employee of either shall have
the authority to inform, counsel, or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for
the purposes contemplated in this Agreement.
s) Attestations. Architect/Engineer agrees to execute such documents as
the County may reasonably require, to include a Public Entity Crime Statement, an
Ethics Statement, and a Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which
taken together shall constitute one and the same instrument and any of the parties
hereto may execute this Agreement by singing any such counterpart.
v) Section Headings. Section headings have been inserted in this
Agreement as a matter of convenience of reference only, and it is agreed that such
24
section headings are not a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
25
This Agreement is entered into as of the day and year first written above and is executed in at
least four original copies of which one is to be delivered to the Consultant, one to Facilities
Development for use in the administration of the Contract, and the remainder to the Owner.
Execution by the Consultant must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND
WITNESSED BY ANOTHER OFFICER OF THE ENTITY.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS'
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By::
Mayor/Chairman
Date
Date:
(Seal)
Attest:
ARCHITECT/ENGINEER
Clemons, Rutherford, & Associates, Inc.
By:
By:
Print Name:
Print Name:
Title:
Title:
Date:
Date:
Or:
Witness 1:
Date:
Print Name:
Witness 2:
Date:
Print Name:
STATE OF FLORIDA
COUNTY OF
On this _ day of ,200_, before me, the undersigned notary public,
Personally appeared , known to me to be the
Person whose name is subscribed above or who produced
As identification, and acknowledged that he/she is the person who executed the
Above contract with Monroe County for the Professional Services for the
Judge Jefferson B. Browne Courtroom Complex for the purposes therein contained.
Notary Public
Date:
Print Name
My commission expires:
26
Exhibit" A"
The basic hourly rates for all architectural and interior design disciplines for Clemons,
Rutherford & Associates, Inc. are listed below:
Principal- In- Change............................................ .........
Project Manager/Architect................................................
Project Interior Designer..................................................
Proj ect Designer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Specification Writer........................................................
Construction Administrator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '"
Estimator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...
Drafting:
Senior..................................................... ....
Junior............. ............. ... ........... . ......... ... ....
$195.00
115.00
100.00
95.00
70.00
85.00
85.00
65.00
45.00
Clerical/Support Services................................................. 50.00
27
Exhibit "B"
Judge Jefferson B. Browne Courtroom Complex
Reimbursements! Additional Services
Environmental Studies and Reports
Detailed Cost Estimating
On-Site Project Representation, 18 months
3-D Model
Model Animation
Design/consultation for kitchen/lunch grill, if the kitchen/lunch grill is included in the building.
Travel
Printing
Traffic Study
Telecommunications Consultant
28
commission, percentage, gift, or consideration paid to the- ormer
SWORN STATEMENT UNDER ORDINANCE NO.1 0-1990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
Clemons, Rutherford & Associates, Inc. warrants tbat he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision tbe County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, ,
William D.
Date: 24 March 2006
.,
'!1
t
STATE OF Fieri) CI
COUNTY OF
I eo t'\
PERSONALLY APPEARED BEFORE ME, the undersigned authority,- 0,- FL- P -" wiLt ;).J.-4 J-4{., I
L j: J I ".NY ,~ I A, +~ (f~ \ r\
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this a "lib- day of
r~ ~r ~
,20~.
)
/~~~:
NOTARY PUBLIC
My commission expires: I-j l. 1.~o>T
OMB - MCP FORM #4